22nd June 2023
Our Business Immigration team regularly comes across some recurring issues employers face when it comes to compliance with right to work check requirements. By addressing these challenges proactively, employers can ensure compliance and avoid legal complications. In this video, Shabana Muneer and Ruth Jowett discuss common right to work issues and provide practical guidance to navigate them effectively.
Employers often accept EEA passports as proof of right to work, but since July 1, 2021, evidence of immigration status is required. Relying solely on EEA passports is no longer acceptable. Retrospective checks on EEA citizens employed before July 1, 2021, are not legally required.
From April 6, 2022, online checks are mandatory for individuals holding various documents. Physical document checks, including biometric residence permits, are no longer compliant for verifying immigration status.
Accurate record keeping of check dates is crucial. Simply writing a date on the document copy is not enough. Securely record the check date and maintain a centralised record.
Employers should understand the restrictions when employing international students. International students have specific permissions to work during term time and other designated periods. Retain details of academic term and vacation times to ensure compliance. Work placements require confirmation that they align with course requirements.
Conducting right to work checks on all employees is essential, regardless of their presumed citizenship. Neglecting these checks leaves employers without a statutory excuse and opens the door to potential discrimination claims. Ensure compliance and avoid legal ramifications by checking all employees.
Familiarising yourself with these common right to work issues and best practices will help ensure compliance and minimise risks. Contact Shabana or Ruth to help you implement a comprehensive right to work policy.
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